IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12878 OF 2024 BETWEEN:

AMEER KHAN S/O LATE RAFIK KHAN, AGED ABOUT 31 YEARS, R/AT. BEHATA VILLAGE, SHEKPURA TALUK, BADAUN DISTRICRT, UTTAR PRADESH.

…PETITIONER (BY SRI DILRAJ JUDE ROHIT SEQUEIRA., ADV.)

AND:

THE STATE THE STATION HOUSE OFFICER, CHANDRASHEKARAPURA POLICE STATION, REP. BY THE STATE PUBLIC PROSECUTOR, HGIH COURT OF KARNATAKA, BENGALURU-560001.

…RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER FOR GRANT OF REGULAR BAIL TO THE PETITIONER HEREIN IN CONNECTION WITH FIR REGISTERED IN CRIME NO.87/2023 PERTAINING TO CHANDRASHEKARAPURA POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 380, 457, 120B OF IPC AND SEC. 25(1AA) AND 27(2) OF ARMS ACT, NOW PENDING IN S.C. NO.125/2024, PENDING ON THE FILE OF HON’BLE COURT OF II^ND ADDITIONAL DISTRICT AND SESSIONS JUDGE AT TUMKUR.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER

1. Accused no.10 in S.C.No.125/2024 pending before the Court of II Addl. District & Sessions Judge, Tumakuru, arising out of Crime No.87/2023 registered by Chandrashekarpura Police Station, Tumakuru District, for the offences punishable under Sections 380, 457, 120B of IPC and Sections 25(1AA) & 27(2) of the Arms Act, is before this Court under Section 439 Cr.PC seeking regular bail.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.87/2023 was registered by Chandrashekarpura Police Station, Tumakuru District, initially for the offences punishable under Sections 380, 457 IPC against 6 to 7 unknown persons on the basis of the first information dated 13.10.2023 received from Mohan Lal. During the course of investigation, petitioner herein was arrested on 15.11.2024. Investigation in the case is completed and charge sheet has been filed against 14 persons. Petitioner is arrayed as accused no.10 in the charge sheet. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl. Misc. No.489/2024 was rejected on 28.03.2024. Therefore, he is before this Court.

4. Learned Counsel for the petitioner submits that this Court has granted regular bail to accused no.7 as against whom similar allegations are found in the charge sheet. He submits that except accused no.4 and the petitioner herein, the other accused who were arrested in the present case have been granted regular bail.

5. Per contra, learned HCGP has opposed the petition. He submits that the petitioner hails from Uttar Pradesh State and in the event, he is enlarged on bail, it would be difficult to secure his presence.

6. Perusal of the material on record would go to show that on the intervening night of 12.10.2023 and 13.10.2023, first informant who is the owner of the jewellery shop viz., Bhavani Jewellery shop in Tumakuru had received a censor call on his mobile phone from the alarm which was installed in his jewellery shop, and therefore, he immediately called his friends and police and informed them about receipt of censor call. Thereafter, he along with his friends and relatives went near his jewellery shop and found that the shutter of the jewellery shop was cut open with the help of gas cutter and accused persons had entered into the jewellery shop and committed theft of gold jewellery and other valuables from the shop. On verification from the CCTV installed in the jewellery shop, it was found that about six persons who were wearing mask and hand gloves had entered the jewellery shop and committed theft of gold jewellery and other valuables from the shop.

7. During the course of investigation, some of the accused were arrested and charge sheet is now filed as against 14 accused persons. It is not in dispute that there is no recovery from the petitioner in the present case. The recovery panchanama w